Legal Principles in Property Law Matters

BSBLEG512 Apply legal principles in property law matters
W1 In simple terms explain ‘common law’ For your state where would you find copies of:
Workplace Relations Act Equal Opportunity Act Anti-discrimination Act Occupational Health
and Safety Acts.
Answer -A Common law is an unwritten structured body of laws and legislation which are based
upon the judicial precedents. It includes the legal rules and principles which were driven from the
decisions of Royal Court of England. In my state; The Workplace Relations Act 1996, Equal
Opportunity Act 1984, Anti-discrimination Act 1998 Occupational Health and Safety Act 1985 all are
covered under National Labour Law Profile.
W2 what are the six aspects of a contract that makes it valid or enforceable?
Answer — The aspects of a contract which makes it enforceable are Offer, Acceptance, Intention,
Legality, Capacity and consideration.
W3: what other avenues/methods are there to organise meetings if face to face meetings cannot
be done?
Answer –If face to face meetings cannot be organised following methods can be used:
 Messaging
 Emailing
 Telephone conferences.
 Video conferences
 Web conferences
1 Explain the difference between real and personal property What is the difference between
’property in’, ‘title to’, and ‘ownership of’ ?
Answer — A real property is the land or the things that are attached to a land such as trees. The
personal property on the other hand, refers to chattels (tangible property) such as clothing or purse and
intangible which can be moved such as bank account (Bridge and et.al., 2017).
The terms 'Property in', 'Title to' and 'Ownership of' all mean the same i.e. the right to own or
possess something, and they all are applicable to both the personal and real properties.
2 What other professionals are involved in the purchase/sale of a property?
Answer — The professional who are involved in the purchase or sale of a property are:
 Insurance companies
 Conveyancer

 Valuer
 Building inspector
 Lender
 Real estate agent
 Broker
3 What is someone referring to when they talk about land that is “less than freehold”?
Answer — Less than freehold is the estate held by the leaser or one who pay the rent of that estate
and who are capable of certain duration.
4 What is the most important aspect to confirm before you start the conveyancing of any land?
Answer –The most important aspect for the practitioner is to ensure by investigating that the
conveyancing transaction which is to be done for the vendor or a purchaser is of good title to the
property.
5 The conveyancer’s duty to investigate title includes searches and enquiries. These duties can
be divided into what four search tasks?
Answer — The conveyancer's duties regarding searches and enquiries are the typical responsibilities
of advising the client about the terms of the contract. The Conveyancer must investigate the vendor's
title on behalf of their client. These duties can be divided into following tasks:
 Searching
 Disclosures
 Physical inspection.
 Obtaining certificates.
6 Explain the following:
-seised -profit e prendre
Answer — Seised: Any person who is registered as the proprietor or the tenant of a land is 'Seized' of
the nearest equivalent of legal owner of the land.
Profit e prendre: It is generally a right to take away something grown, produced on the land or on a
part of that land who is owned by some else.
-hereditament
Answer —It refers to the items of a property, land or a building even rented land which are
inheritable.
-cestui que trust

Answer — It is used to describe the beneficiary of a property which is held in trust or whose benefits
are entitled to another person who possesses property.
Section 126 of the Victorian Instruments Act, 1958
Answer — The section 126 of Victorian Instruments Act, 1958 establishes a rule a contract of sale is
enforceable only when it is in writing.
-The different ways to discharge a contract
Answer — A contract can be discharged in following ways:
 Discharge by performance
 Discharge by agreement
 Discharge by breach of contract
 Discharge by all the parties
 Discharge by frustration of any party
 Discharge by occurring of events which makes the contract impossible to complete.
-Strata title
Answer — It is a type of ownership or the title issued for stratified properties i.e. shared ares or units.
-Leasehold title and ‘peppercorn rent’
Answer —Leasehold title: It provides the rights of possession to owner of the property or estate.
Peppercorn rent: It refers to the nominal rent or a token of rent of a property or estate.
7 -Explain the Torrens system and what happened prior to that system in regards to property
ownership.
-Identify the legislation that applies to the Torrens system in your state.
-Discuss the aim of the Torrens system
Answer -A Torrens system refers to the systems of registration of land title. It is a system in which a
state creates and maintains the register of land holdings so that they can be served as an evidence of
the title to the person who is registered as the proprietor on the register. Prior to Torrens system, the
property ownership was handled under the system of Common Law.
The Torrens systems used in my state is Transfer of Land, 1958 (Vic).
The aim of Torrens systems is to certainty of title/ ownership to the owner of the land. It is also
prepared so that it can be used as an evidence of title/ownership.
8 Title of ownership in real property generally means tenure and estate. Identify five (5) titles of
tenure recognised under Australian real property law and briefly discuss each of the four.
Answer –The titles of tenure recognised under the Australian Real Property Law are: Freehold, Non
Freehold Land, Unallocated land, State leasehold and Naive title.
Freehold: It is a deed of grant issues when the land is set apart from the State and its particulars are
recorded in the Freehold Land Registered for creating an imperishable title (Myking, 2020).
Non Freehold Land: It is a land which is not freehold and includes all the land in Queensland
involving below high water marks and all the other unallocated State lands.